The court closed a criminal miscellaneous petition seeking quashing of an FIR. A final report stating the dispute was civil in nature was recorded, rendering the proceeding unnecessary.
the Criminal Miscellaneous Case is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937
Crl.MC.No. 4968 of 2015 (G)
CRIME NO. 115/2015 OF IRINJALAKUDA POLICE STATION, TRISSUR
PETITIONER(S)/ACCUSED 1 AND 2 :-
1. HARIDAS, AGED 78 YEARS, S/O.VELAPA KURUP, PADINJATEDATH KALARIKAL HOUSE, VADAKUMKARA VILLAGE, VADAKUMKARA DESOM, MUKUNDAPURAM TALUK-680001.
2. MURALIDHARAN, AGED 45 YEARS, S/O.VELAPA KURUP, PADINJATEDATH KALARIKAL HOUSE, VADAKUMKARA VILLAGE, VADAKUMKARA DESOM, MUKUNDAPURAM TALUK-680001.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S)/STATE OF KERALA AND THE COMPLAINANT :-
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. BHAGEERATHY, W/O.SHANMUGHAN, AGED 63 YEARS, PADINJATEDATH KALARIKAL HOUSE, VADAKUMKARA VILLAGE DESOM, NOW RESIDING IN THE ADDRESS KALARIKAL HOUSE, KAVEEDU DESOM, THAMARAYOOR P.O., ANAKOTA, GURUVAYOOR, THRISSUR DISTRICT – 680 001.
R1 BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 4968 of 2015 (G)
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE I : A TRUE COPY OF THE FIR IN CRIME NO.115 OF 2015 OF THE IRINJALAKUDA POLICE STATION DATED 24-1-2015.
ANNEXURE II : A TRUE COPY OF THE LAWYER NOTICE ISSUED DATED 6-9-2012.
ANNEXURE III : A TRUE COPY OF THE COMPLAINT BEFORE THE DISTRICT LEGAL SERVICE AUTHORITY AS PLP NO.1847 OF 2013 DATED 30-10-2013.
ANNEXURE IV : A TRUE COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE COMPLAINANT AND HER DAUGHTERS DATED 12-2-2015.
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
P.A. TO JUDGE
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P.UBAID, J.
========================= Crl.M.C.No.4968 of 2015
========================== Dated this the 7th day of September, 2015
ORDER
The petitioners seek orders quashing the FIR in Crime No.115 of 2015 of the Irinjalakuda Police Station. Now there is a report submitted by the Sub Inspector of Police, Irinjalakuda that there is only a civil dispute between the parties, and the crime stands referred. It is reported that the police has submitted final report on 30.05.2015 referring the crime on the ground that the dispute is in civil nature. In such a situation, this proceeding need not continue.
In the result, the report submitted by the Sub Inspector of Police on 12.08.2015 is recorded, and the Crl.M.C. is accordingly closed.
Sd/- P.UBAID JUDGE
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//TRUE COPY//
P.A. TO JUDGE
HARIDAS
MURALIDHARAN
STATE OF KERALA
BHAGEERATHY
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
